Yay Progress! :)
FOR IMMEDIATE RELEASE: October 25, 2006
Luis Vizcaino | Phone: 202/216.1547 | Cell: 310/869.5700
Brad Luna | Phone: 202/216.1514 | Cell: 202/812.8140
HRC STATEMENT ON NEW JERSEY SUPREME COURT DECISION RECOGNIZING SAME-SEX COUPLES' CONSTITUTIONAL RIGHT TO EQUAL BENEFITS AND PROTECTIONS
WASHINGTON - Human Rights Campaign President Joe Solmonese made the following statement regarding today's ruling in Lewis v. Harris - a court case in which the New Jersey Supreme Court ruled that same-sex couples have a constitutional right to receive the same state benefits, protections, and obligations as opposite-sex married couples. The court ruled that the legislature must either amend its marriage law to include same-sex couples or provide these benefits, protections, and obligations by some other means such as civil unions.
Said Solmonese:
"Today, the New Jersey Supreme Court ruled that same-sex couples should have the same rights and obligations as heterosexual couples. This is, at its core, a pro-family, pro-equality decision. It is now in the hands of the legislature to do the right thing, and recognize that all New Jersey families should have the protections that only marriage provides.
"We congratulate and commend the work of Lambda Legal and the plaintiff couples who had the courage and resolve to bring this case forward.
"This decision recognizes that New Jersey's constitution protects all families. The legislature should not go down the path of separate but equal, but rather should embrace marriage equality. We commend Garden State Equality and will work with them and other allies to make this a
reality.
"The New Jersey decision only involves the protection and benefits of civil marriage - not religious ceremonies. This case does not affect religious institutions' freedom to decide if they want to honor and recognize same-sex unions.
"Although this case is a major step forward in ending discrimination, a Federal law, the so-called Defense of Marriage Act, denies same-sex couples over 1000 protections, and puts these couples at risk that they will not be recognized as families when they cross state lines.
"Our great country has a tradition of expanding legal protections, as was done for voting rights and other civil rights protections. Combating discrimination of all kinds is a fundamental American value. The Human Rights Campaign applauds this decision."
Lambda Legal filed this case in 2002 on behalf of seven same-sex couples who were denied marriage licenses. In November 2003, the trial court ruled against the plaintiffs, and on June 14, 2005 the intermediate appellate court upheld the decision. On February 15, 2006, the New Jersey Supreme Court heard oral arguments in the case. Today, all seven justices concluded that same-sex couples were entitled to the equal benefits and protections of marriage. Three of those seven went further and concluded that the New Jersey constitution requires full marriage equality.
The Human Rights Campaign is America's largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against GLBT citizens and realize a nation that achieves fundamental fairness and equality for all.
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Lewis v. Harris: New Jersey Court Rules That Same-Sex Couples Must Receive The Same Rights And Benefits As Opposite-Sex Couples Frequently Asked Questions
What does this decision mean?
The court ruled that same-sex couples and their families have a constitutional right to the same benefits and protections that other New Jersey families take for granted. It ordered New Jersey's legislature to provide these benefits and protections to same-sex couples. The legislature can do this by amending its marriage laws to include same-sex couples, or it could enact a system, such as one that provides for civil unions, to extend equal benefits to same sex couples. New Jersey already has a domestic partner law that provides certain protections to couples.
The court gave the legislature 180 days to adopt the necessary legislation.
When can I get married or enter into a civil union?
The court's decision is effective as of April 23, 2007. By that time, the state legislature must have adopted legislation to provide equal benefits and protections to same-sex couples, either as marriage or through some parallel system.
What about federal benefits?
Although gay and lesbian couples will have equal access to the rights and benefits of marriage in the state of New Jersey, they remain ineligible for the 1138 federal benefits that are afforded to married couples and their families, including the ability to collect Social Security survivor benefits and file a joint federal tax return. HRC is working to remedy these inequalities in the United States Congress.
Does this decision impact religious institutions?
No. Even if the state legislature chooses to provide rights and benefits to same-sex couples through marriage, religious institutions in New Jersey remain free to decide if and how to recognize or perform marriages for same-sex couples. Some will and some won't. This case and others like it deal only with the civil institution of marriage, through which the state grants eligible couples certain rights, benefits and recognition.
My partner and I don't live in New Jersey. Can we get married or enter into a civil union there?
New Jersey does not have a residency requirement for marriage. The court ruled that even if the legislature adopts a parallel scheme for same-sex couples, such as civil unions, it cannot be any more difficult to enter into a civil union than into a marriage. So out-of-state couples will be able go to New Jersey to marry or enter into a civil union, depending on how the state legislature proceeds. However, because many states have passed discriminatory laws or constitutional amendments, your marriage or civil union might not be recognized in your home state.
What happens if I live in New Jersey, get married or enter into a civil union here, and travel out of state?
Many states have laws explicitly stating that they will not recognize out-of-state marriages or other forms of relationship recognition for same-sex couples. The federal "Defense of Marriage Act" purports to give states the right not to recognize marriages between same-sex couples.
What happens next?
The court gave the state legislature 180 days, until April 23, 2007, to remedy the constitutional violation and extend all the rights and benefits of marriage to same-sex couples.
Can this decision be appealed?
No. The case was brought under the New Jersey state constitution and cannot be appealed beyond the New Jersey Supreme Court.
How can I find out more about this decision?
You can read the court's decision at http://lawlibrary.rutgers.edu/courts/supreme/a-68-05.doc.html.
Are there other lawsuits on marriage anywhere else?
There are lawsuits pending in California, Connecticut, Iowa and Maryland.
Is it a good idea for my partner and I to get married or enter into a civil union?
Obtaining state recognition of your relationship is not only an important personal decision, it is an important legal decision. Before deciding to marry, consult the following resource: http://www.glad.org/marriage/tips+traps.html If you have further questions about your own circumstances, it is a good idea to talk to a lawyer.
Luis Vizcaino | Phone: 202/216.1547 | Cell: 310/869.5700
Brad Luna | Phone: 202/216.1514 | Cell: 202/812.8140
HRC STATEMENT ON NEW JERSEY SUPREME COURT DECISION RECOGNIZING SAME-SEX COUPLES' CONSTITUTIONAL RIGHT TO EQUAL BENEFITS AND PROTECTIONS
WASHINGTON - Human Rights Campaign President Joe Solmonese made the following statement regarding today's ruling in Lewis v. Harris - a court case in which the New Jersey Supreme Court ruled that same-sex couples have a constitutional right to receive the same state benefits, protections, and obligations as opposite-sex married couples. The court ruled that the legislature must either amend its marriage law to include same-sex couples or provide these benefits, protections, and obligations by some other means such as civil unions.
Said Solmonese:
"Today, the New Jersey Supreme Court ruled that same-sex couples should have the same rights and obligations as heterosexual couples. This is, at its core, a pro-family, pro-equality decision. It is now in the hands of the legislature to do the right thing, and recognize that all New Jersey families should have the protections that only marriage provides.
"We congratulate and commend the work of Lambda Legal and the plaintiff couples who had the courage and resolve to bring this case forward.
"This decision recognizes that New Jersey's constitution protects all families. The legislature should not go down the path of separate but equal, but rather should embrace marriage equality. We commend Garden State Equality and will work with them and other allies to make this a
reality.
"The New Jersey decision only involves the protection and benefits of civil marriage - not religious ceremonies. This case does not affect religious institutions' freedom to decide if they want to honor and recognize same-sex unions.
"Although this case is a major step forward in ending discrimination, a Federal law, the so-called Defense of Marriage Act, denies same-sex couples over 1000 protections, and puts these couples at risk that they will not be recognized as families when they cross state lines.
"Our great country has a tradition of expanding legal protections, as was done for voting rights and other civil rights protections. Combating discrimination of all kinds is a fundamental American value. The Human Rights Campaign applauds this decision."
Lambda Legal filed this case in 2002 on behalf of seven same-sex couples who were denied marriage licenses. In November 2003, the trial court ruled against the plaintiffs, and on June 14, 2005 the intermediate appellate court upheld the decision. On February 15, 2006, the New Jersey Supreme Court heard oral arguments in the case. Today, all seven justices concluded that same-sex couples were entitled to the equal benefits and protections of marriage. Three of those seven went further and concluded that the New Jersey constitution requires full marriage equality.
The Human Rights Campaign is America's largest civil rights organization working to achieve gay, lesbian, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against GLBT citizens and realize a nation that achieves fundamental fairness and equality for all.
- 30 -
Lewis v. Harris: New Jersey Court Rules That Same-Sex Couples Must Receive The Same Rights And Benefits As Opposite-Sex Couples Frequently Asked Questions
What does this decision mean?
The court ruled that same-sex couples and their families have a constitutional right to the same benefits and protections that other New Jersey families take for granted. It ordered New Jersey's legislature to provide these benefits and protections to same-sex couples. The legislature can do this by amending its marriage laws to include same-sex couples, or it could enact a system, such as one that provides for civil unions, to extend equal benefits to same sex couples. New Jersey already has a domestic partner law that provides certain protections to couples.
The court gave the legislature 180 days to adopt the necessary legislation.
When can I get married or enter into a civil union?
The court's decision is effective as of April 23, 2007. By that time, the state legislature must have adopted legislation to provide equal benefits and protections to same-sex couples, either as marriage or through some parallel system.
What about federal benefits?
Although gay and lesbian couples will have equal access to the rights and benefits of marriage in the state of New Jersey, they remain ineligible for the 1138 federal benefits that are afforded to married couples and their families, including the ability to collect Social Security survivor benefits and file a joint federal tax return. HRC is working to remedy these inequalities in the United States Congress.
Does this decision impact religious institutions?
No. Even if the state legislature chooses to provide rights and benefits to same-sex couples through marriage, religious institutions in New Jersey remain free to decide if and how to recognize or perform marriages for same-sex couples. Some will and some won't. This case and others like it deal only with the civil institution of marriage, through which the state grants eligible couples certain rights, benefits and recognition.
My partner and I don't live in New Jersey. Can we get married or enter into a civil union there?
New Jersey does not have a residency requirement for marriage. The court ruled that even if the legislature adopts a parallel scheme for same-sex couples, such as civil unions, it cannot be any more difficult to enter into a civil union than into a marriage. So out-of-state couples will be able go to New Jersey to marry or enter into a civil union, depending on how the state legislature proceeds. However, because many states have passed discriminatory laws or constitutional amendments, your marriage or civil union might not be recognized in your home state.
What happens if I live in New Jersey, get married or enter into a civil union here, and travel out of state?
Many states have laws explicitly stating that they will not recognize out-of-state marriages or other forms of relationship recognition for same-sex couples. The federal "Defense of Marriage Act" purports to give states the right not to recognize marriages between same-sex couples.
What happens next?
The court gave the state legislature 180 days, until April 23, 2007, to remedy the constitutional violation and extend all the rights and benefits of marriage to same-sex couples.
Can this decision be appealed?
No. The case was brought under the New Jersey state constitution and cannot be appealed beyond the New Jersey Supreme Court.
How can I find out more about this decision?
You can read the court's decision at http://lawlibrary.rutgers.edu/courts/supreme/a-68-05.doc.html.
Are there other lawsuits on marriage anywhere else?
There are lawsuits pending in California, Connecticut, Iowa and Maryland.
Is it a good idea for my partner and I to get married or enter into a civil union?
Obtaining state recognition of your relationship is not only an important personal decision, it is an important legal decision. Before deciding to marry, consult the following resource: http://www.glad.org/marriage/tips+traps.html If you have further questions about your own circumstances, it is a good idea to talk to a lawyer.
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